Rossendales Council Tax Baliff Due will not agree arrangement over phone **Taken back by Council**

[Motherfoxandcub]

Morning All, Hope you can help.

 

Rossendales due today! Debt council tax relates to 2014/15, I was signed off by G.P for stress and anxiety after suffering post traumatic stress following a dreadful experience. I have all doctors sickness notes. The debt is due and I accept full responsibility for not acting correctly, I was not dealing with anything to be honest. Was on ESA now on JSA.

 

O.k Sums outstanding to council £232.00, Rossendales added £75.00 compliance stage fee total due £307.00. I phoned Rossendales ofice explained my position, office refused to speak to me as now with an agent. Phoned spoke to the Baliff, he refused to accept a payment arrangement over phone and insisted on coming to see me in order to make a levy of goods and would then enter an agreement, however they would charge a £235.00 levying distress fee, making balance now due at £542.00.

 

I phoned the council asking if I could make an arrangement, they advised "now with Rossendales, we cannot intervene."

 

After my bad time, I am now trying to take control and I'm going down to the council personally this morning, what I found and I need help with please is the following:-

 

Council tax guidance - Rt Hon Eric Pickles, "Local authorities should remain and prepared to deal directly with individuals at any point" Does this mean I can insist that the Council call back action from the Baliffs and make an agreement with me?

 

I also have Guidance regulations 45 (b) section 5 (admin & enforcement) regulations 1992 (amended 2006), from these I am a little confused regarding how much the Baliff can charge for the Levy, section 2 a) does not exceed £100 = £12.50, b) 12.5% on the first £100, 4% on next £400, I don't need to go any further, are these charges based on original balance owed to the Council of £232.00 or to include Rossendale fee of £75.00.

 

I may be wrong but I don't see how Rossendales can insist on coming into my home to charge this £235.00 ?

 

I am willing to fight and pay but don't want to quote anything which is incorrect and look an idiot. Baliff due back today, can anyone advise please.

 

Thanking you in advance.

[ploddertom]

First of all you have got the old Regulations mixed up with the new ones.

[ploddertom]

When did you receive the Notice of Enforcement from Rossendales?

[Motherfoxandcub]

Hi thank you for replying, that's why I asked about the regulations sounds like I would be looked like an idiot.

 

Rossendales letter 8th June 2015. I phoned prior to Baliff visit by phone.

[unclebulgaria67]

If you have any cars near your house that could be levied on, make sure you park them away from the house, so they don't get the chance.

 

You do not have to let them in your house and given the extra cost, it would not be wise. Once they levy on anything in the house,they can come back to take them,even if you were slightly late with a payment.

 

Write or type out a note explaining your situation and hand it to them through the letterbox if they turn up. Don't even open the door.

 

You are not avoiding payment, but given your vulnerable situation want to deal with the council.

[ploddertom]

Hi thank you for replying, that's why I asked about the regulations sounds like I would be looked like an idiot.

 

Rossendales letter 8th June 2015. I phoned prior to Baliff visit by phone.

 

Did you contact them before the date given in the Notice probably by 20 June or thereabouts. If not then it moves on to the next stage of enforcement where they can then add the £235 fee for attending. This will probably be the reason he is refusing to deal by phone.

[Motherfoxandcub]

No i did not respond by 20th June, to be honest if he attends, I doubt I have enough items to cover the cost of the Levy and don't have a car.

Trying to avoid too much personal information, My daughter and I were moved away from our home and into a secure situation losing everything

we had, most of our items now have come from British heart foundation, it has taken me over 18 months to get my head straight which I am now determined to do.

 

If I can't fight the £235.00 charge, can I still not argue with council to ask to take debt back and make an arrangement ?

 

Thank you for your help, just one more thing I seem to remember reading, if I don't have sufficient items to cover the levy does

this then get returned to the Council without the £235.00 charge and then I can make an agreement ?

[unclebulgaria67]

No i did not respond by 20th June, to be honest if he attends, I doubt I have enough items to cover the cost of the Levy and don't have a car.

Trying to avoid too much personal information, My daughter and I were moved away from our home and into a secure situation losing everything

we had, most of our items now have come from British heart foundation, it has taken me over 18 months to get my head straight which I am now determined to do.

 

If I can't fight the £235.00 charge, can I still not argue with council to ask to take debt back and make an arrangement ?

 

Thank you for your help, just one more thing I seem to remember reading, if I don't have sufficient items to cover the levy does

this then get returned to the Council without the £235.00 charge and then I can make an agreement ?

 

If there is not enough to levy on, it may not go back to the council, if Rossendales can organise an attachment to earnings or benefits. I don't know what the council instruct Rossendales in this situation.

 

But Rossendales might just do a levy anyway, so they charge the extra. They cannot levy on anything you need to be able to live in the house e.g beds, sofas, general furnishings, cooking facilities.

[Motherfoxandcub]

Thank you leaving for the council now, can only try.

[caledfwlch]

You said your on JSA, so you could ask the council to take the debt back and take it from your JSA, which is about £4 a week.

 

Make sure you keep the doors locked, even when your home, letting a bailiff in is only going to add charges. Are you still under your GP for health problems as you could well be classed as vulnerable in which case the Bailiff should withdraw, but you have to prove that, a letter from GP for example, he wont accept you just saying your vulnerable it must be backed with proof.

[brassnecked]

As you were off sick did you claim Housing Benefit, (if renting), and Council tax benefit? as you are on JSA have you a claim in foir these?

[Motherfoxandcub]

Hello, Back from Council.

 

 

Conclusion is I stated my problem with Rossendales unwilling to agree by phone and baliff insisting on calling to make an agreement but charge £235.00.

I used the Council tax guidance - Rt Hon Eric Pickles, "Local authorities should remain and prepared to deal directly with individuals at any point" with the reply "Can you tell me why the Council should get involved". I provided my medical evidence which I took with me, together with other relevant evidence to support my case. At which point they agreed to pull off the baliff, cancelled the £235.00 which they were trying to charge and then contacted Rossendales to say don't chase any further.

 

 

A payment plan for the arrears and this years tax has been agreed.

 

 

I started the morning in a complete panic and with thanks to the consumer action group this gave me the courage to step up and challenge, with what I feel is a positive result.

 

 

My advice is to anyone whom may find themselves in a similar situation, providing you can provide suitable evidence to show just cause why at the time you are unable to deal / pay, then don't be frightened to challenge like me.

[brassnecked]

Great, glad they saw sense,

[ploddertom]

Over the moon to hear this. Still be cautious for the time being as it is not unknown for Rossendales still to attend with their Bailiff claiming " I know nothing ". In particular be careful this weekend.

 

As an aside have you thought about asking your Council and/or local CAB if they have a Welfare Rights Adviser who can check you are getting all you are entitled to.

[brassnecked]

Over the moon to hear this. Still be cautious for the time being as it is not unknown for Rossendales still to attend with their Bailiff claiming " I know nothing ". In particular be careful this weekend.

 

As an aside have you thought about asking your Council and/or local CAB if they have a Welfare Rights Adviser who can check you are getting all you are entitled to.

Absolutely, great advice from PT. Dossendales are noted for pretending not to know that the council have taken the account back

[Motherfoxandcub]

Morning, Thankyou Caledfwlch, Unclebulgaria67, Ploddertom and Brassnecked.

 

I made sure that the Council advised Rossendales before I left and have since phoned the Baliff myself to confirm he is aware not to call so I have a clear record.

 

Yes I'm in receipt of the benefits that I'm entitled to, having worked for 30 years the last 18 months has been mind blowing with forms, I have to say it's not easy having to rely on financial support without the benefit system, I really have no idea what would of happened to us.

 

Luck is obviously now on the change, just opened post to receive the fantastic news of returning back to the working world, wow what can happen in 24 hours!

 

In a state of shock, just goes to show focus, be determined and you will succeed, so proud of myself.

[brassnecked]

Brilliant glad things are on the up